Newton Judge Shelley Joseph faces trial after appeals court rejects dismissal

Suspended Newton Judge Shelley Joseph can’t dodge a trial, a federal appeals court has ruled.

First Circuit judges state her argument that she has “absolute judicial immunity” does not apply — yet.

“We must reject the defendants’ request for pre-trial review of the denial of their motions to dismiss because their appeals are premature,” the court writes in its ruling. Basically, the case must go before a jury before any appeal can be heard.

Joseph, still receiving her $184,000-a-year paycheck while facing a federal obstruction of justice charge, is accused of aiding an illegal immigrant’s escape from an ICE agent in her Newton district courtroom in 2018.

Retired court officer Wesley MacGregor is also facing the charge for allegedly leading the illegal immigrant through the courtroom’s lockup and exit.

The Appeals Court adds that “as a general rule, federal courts of appeal may exercise
appellate jurisdiction only over final decisions.”

This is a developing story … 

from Boston Herald https://ift.tt/NnOF076